## Facts

- David Gerald Andring was charged with three counts of second-degree criminal sexual conduct involving his 10-year-old stepdaughter and 11-year-old niece under Minn. Stat. § 609.343 (1982).
- After a probable cause finding, Andring was released on bond conditioned on having no contact with the alleged victims.
- Before trial, Andring voluntarily entered a hospital crisis intervention unit for acute alcoholism and depression.
- During treatment, he received individual counseling, had a social history taken by a registered nurse, and participated in daily group therapy supervised by physicians and registered nurses.
- Group therapy participants were told sessions were confidential and that only staff would have access to information disclosed.
- In the crisis unit, Andring discussed sexual conduct with young girls in individual sessions, during the social history, and in group therapy.
- The State sought discovery of Andring’s medical records and inculpatory statements made to crisis unit personnel.
- The trial court denied discovery for statements made during the social history and individual therapy, but granted discovery for group therapy disclosures.
- The trial court certified to the state supreme court whether physician-patient and/or nurse-patient privilege covers group therapy communications that are integral and necessary to diagnosis and treatment, when the statements concern charged sexual offenses.

## Issues

1. Whether federal alcohol-treatment confidentiality law bars disclosure of patient records in child-abuse proceedings beyond what state reporting law requires.
2. Whether Minn. Stat. § 626.556, subd. 8 (1982) fully abrogates medical privilege in child-abuse cases or only to a limited extent.
3. Whether physician-patient and/or nurse-patient privilege extends to confidential group therapy communications integral and necessary to diagnosis and treatment.

## Decision

- The court held federal alcohol-treatment confidentiality provisions do not bar use of patient records in child-abuse proceedings to the extent state reporting law requires.
- The court held Minn. Stat. § 626.556, subd. 8 abrogates medical privilege only to permit evidentiary use of the specific information required in a maltreatment report.
- The court held physician- and nurse-patient privilege extends to confidential group psychotherapy sessions when they are an integral and necessary part of diagnosis and treatment.
- The court reversed the order allowing discovery of Andring’s group therapy statements.

## Legal Principles

- Federal alcohol-treatment confidentiality rules permit disclosure in child-abuse matters only to the extent state law mandates reporting; they do not authorize broader disclosure for criminal prosecution.
- Under Minn. Stat. § 626.556, subd. 8 (1982), privilege is displaced only for the required report content: the child’s identity; the identity of the parent/guardian/caregiver; the nature and extent of the child’s injuries; and the reporter’s name and address.
- Medical privilege under Minn. Stat. § 595.02 protects communications made for diagnosis and treatment, including communications made in structured, confidential group therapy supervised by medical staff.
- The presence of other patients in a supervised, confidential group therapy setting does not defeat privilege where group participation is part of the therapeutic process rather than exposure to casual third parties.

## Conclusion

The court limited disclosure in child-abuse matters to the narrow information required for statutory reporting and held that confidential, staff-supervised group therapy statements integral to medical treatment remain protected by physician- and nurse-patient privilege, making them not discoverable for the prosecution.


State v. Andring, 342 N.W.2d 128 (Minn. 1984)